Ryan v. Delaurie
| James Ryan |
| Lillian Delaurie |
| 1:2024cv01151 |
| February 9, 2024 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 AMENDED complaint by James Ryan against Lillian Delaurie. (daj, ) |
| Filing 6 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has submitted a pro se complaint #1 and paid the filing fee. His complaint includes an "emergency motion" label, but neither the complaint, nor the motion may proceed. Plaintiff devotes a significant portion of his 63-page complaint to arguing that this Court has jurisdiction and that his claims are not barred by Rooker-Feldman. But his allegations undermine his arguments. Plaintiff claims that the state court child custody order issued against him violates the FCRA because the Circuit Court of DuPage County failed to inform him that he had the right to dispute the child support debt, #1 at 15. He also claims defamation and intentional infliction of emotional distress all predicated upon his claim that the child support order and resulting debt are wrongful. He also challenges the constitutionality of the child support garnishment procedure, and he challenges the way the Circuit Court calculated the amount he owed. In fact, he seeks an order enjoining the enforcement of the state court order garnishing his wages to collect the child support. Id. at 62. The Rooker-Feldman doctrine "precludes lower federal court jurisdiction over claims seeking review of state court judgments... no matter how erroneous or unconstitutional the state court judgment may be. The doctrine applies not only to claims that were actually raised before the state court, but also to claims that are inextricably intertwined with state court determinations." Swartz v. Heartland Equine Rescue, 940 F.3d 387, 390 (7th Cir. 2019), cert. denied, 140 S. Ct. 2510 (2020). As such, the doctrine bars all of Plaintiff's claim. Moreover, "the Rooker-Feldman bar is jurisdictional; violations of it cannot be waived and thus preclude a court from considering the merits of the claim." Id. As a result, the Court dismisses this case for lack of jurisdiction. Civil case terminated. Mailed notice (gel, ) |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent form to James Ryan (daj, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (daj, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (daj, ) |
| SUMMONS Issued as to Defendant Lillian Delaurie. (daj, ) |
| Filing 2 CIVIL Cover Sheet. (daj, ) |
| Filing 1 COMPLAINT filed by James Ryan. (Emergency Motion included) (daj, ) |
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| Plaintiff: James Ryan | |
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| Defendant: Lillian Delaurie | |
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